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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 13316
Experience:  15years with H & R Block. Divisional leader, Instructor
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I am a U.S. citizen married living and working in Curacao,

Customer Question

I am a U.S. citizen married living and working in Curacao, Netherland Antilles. My husband is a non resident alien also living and working in Curacao. In May of 2015 he gave up his green card. He now says that he no longer has to declare his foreign income on a U.S. return. Is this true? He says I need to file the return filing separately. I don't want to open a can of worms with the IRS. Should I note somewhere on my return that he no longer holds a green card is still living abroad is still earning foreign income and where in Trurbo Tx should I note this. I have already done the return with just my wages and still qualify for the income exclusion under the presence test.On another note how can I qualify for the child care deduction or Child Tax Credit if I never pay in U.
S. Income Tax. Every time I file the IRS sends me a letter telling me to file for these credits. I just don't understand this. Your quick response is appreciated
Submitted: 8 months ago.
Category: Tax
Expert:  Robin D. replied 8 months ago.

Hello

You can file a married filing separate return. Your exclusion of foreign income is not limited by your filing status.

You need not notate anywhere on your return that your spouse has surrendered their green card. His filing is his responsibility.

You cannot take the credit for child and dependent care expenses when filing MFS.

The child tax credit has income levels reduced to half that of joint return so you may not qualify.

Expert:  Robin D. replied 8 months ago.

You can respond below I answered pretty quick like you wanted

Expert:  Robin D. replied 8 months ago.

Did you wish to add more or do you need clarification